By Nikko Dizon
Philippine Daily Inquirer
First Posted 06:42:00 12/03/2010
Filed Under: Crime and Law and Justice, Massacre
MANILA, Philippines—Convicted murderer Hubert Webb through his counsel on Thursday asked the Supreme Court to cite past and present officials of the National Bureau of Investigation (NBI) in contempt for a “series of acts” that allegedly hid the truth and ultimately implicated him in the Vizconde massacre.
In a 61-page petition filed by lawyer Demetrio Custodio Jr., Webb pointed to the NBI’s use of Jessica Alfaro’s testimony even if she was a “self-perjured witness;” its disregard of documents from the US government showing that he was in the United States at the time of the murders; and the loss of his semen sample that could have been used in a DNA test.
Named respondents in Webb’s petition were NBI Director Magtanggol Gatdula, former directors Carlos Caabay and Nestor Mantaring, Deputy Director Reynaldo Esmeralda, medico-legal chief Dr. Floresto Arizala Jr., former medico-legal chief Dr. Prospero Cabanayan, medico-legal officer Dr. Renato Bautista, lawyers Arturo Figueras and Pedro Rivera, and agent John Herra.
Gatdula, the former NBI directors and the agency’s doctors were included in the petition for the loss of Webb’s semen, while Esmeralda, Figueras, Rivera and Herra were included for allegedly coaching Alfaro.
“Taken altogether, the NBI’s deliberate coaching and manipulation of the testimony of Jessica Alfaro and their suppression of exculpatory evidence (Webb’s semen) constitute improper conduct which directly impeded, obstructed and degraded the administration of justice. Thus, the named officers of the NBI who are responsible for these acts should be cited for indirect contempt of court,” Webb said.
Webb noted that the NBI already knew that Alfaro was not an eyewitness to the crime, as admitted by NBI head agent Artemio Sacaguing in his court testimony, but it still charged him and his co-accused based on her affidavits.
Webb also stressed that it was the NBI itself that was able to obtain “strong documentary evidence” from both the US and Philippine governments “which proved and established” his presence in the US on June 29-30, 1991.
“Since they themselves procured this evidence, the NBI had no reason to doubt the reliability and authenticity of these public, official documents issued by both the US and Philippine governments which are accorded a presumption of regularity,” he said.
But Webb said the NBI chose to “trash this strong documentary evidence which they themselves procured and continued to file the criminal charges” against him and his co-accused.
He said the NBI knew that Alfaro was a “bogus eyewitness who executed two contradictory affidavits—one of them in which she admitted that she did not enter the Vizconde residence and could not have therefore been a true eyewitness to the crime.”
Webb and his co-accused were charged with the murder of Estrellita Vizconde and her daughters Carmela and Jennifer, and the rape of Carmela, on June 30, 1991, in their home in BF Homes subdivision in Parañaque City. With a report from Tetch Torres, INQUIRER.net
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